Medicare and Medicaid Programs; Adjustment of Civil Monetary Penalties for Inflation; Continuation of Effectiveness and Extension of Timeline for Publication of the Final Rule, 55385-55386 [2020-19657]
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Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Rules and Regulations
2. Add § 180.713 to subpart C to read
as follows:
(b)–(d) [Reserved]
■
[FR Doc. 2020–19673 Filed 9–4–20; 8:45 am]
§ 180.713 Tiafenacil; tolerances for
residues.
BILLING CODE 6560–50–P
(a) General. (1) Tolerances are
established for residues of the herbicide
tiafenacil, including its metabolites and
degradates, in or on the commodities in
the table below. Compliance with the
tolerance levels specified below is to be
determined by measuring only
tiafenacil, methyl N-[2-[[2-chloro-5-[3,6dihydro-3-methyl-2,6-dioxo-4(trifluoromethyl)-1(2H)-pyrimidinyl]-4fluorophenyl]thio]-1-oxopropyl]-balaninate, in or on the following
commodities:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
TABLE 1 TO PARAGRAPH (a)(1)
Parts per
million
Commodity
Corn, field, grain .........................
Corn, pop, grain ..........................
Cottonseed subgroup 20C .........
Grape ..........................................
Soybean, seed ............................
Wheat, grain ...............................
0.01
0.01
0.3
0.01
0.01
0.01
(2) Tolerances are established for
residues of the herbicide tiafenacil,
including its metabolites and
degradates, in or on the commodities in
the table below. Compliance with the
tolerance levels specified below is to be
determined by measuring only the sum
of tiafenacil, methyl N-[2-[[2-chloro-5[3,6-dihydro-3-methyl-2,6-dioxo-4(trifluoromethyl)-1(2H)-pyrimidinyl]-4fluorophenyl]thio]-1-oxopropyl]-balaninate and its metabolites 2-(2chloro-4-fluoro-5-(3-methyl-2,6-dioxo-4(trifluoromethyl)-2,3-dihydropyrimidin1(6H)-yl)phenylsulfinyl)propanoic acid
and 2-(2-chloro-5-(2,6-dioxo-4(trifluoromethyl)-2,3-dihydropyrimidin1(6H)-yl)-4fluorophenylsulfinyl)propanoic acid,
calculated as the stoichiometric
equivalent of tiafenacil, in or on the
following commodities:
TABLE 2 TO PARAGRAPH (a)(2)
Parts per
million
jbell on DSKJLSW7X2PROD with RULES
Commodity
Cotton, gin byproducts ...............
Corn, field, forage .......................
Corn, field, stover .......................
Corn, pop, stover ........................
Soybean, forage .........................
Soybean, hay ..............................
Wheat, forage .............................
Wheat, hay .................................
Wheat, straw ...............................
VerDate Sep<11>2014
15:51 Sep 04, 2020
Jkt 250001
3
0.05
0.05
0.05
0.15
0.3
0.05
0.08
0.07
Centers for Medicare & Medicaid
Services
42 CFR Parts 402, 403, 411, 412, 422,
423, 460, 483, 488, and 493
[CMS–6076–RCN2]
RIN 0991–AC07
Medicare and Medicaid Programs;
Adjustment of Civil Monetary Penalties
for Inflation; Continuation of
Effectiveness and Extension of
Timeline for Publication of the Final
Rule
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Continuation of effectiveness
and extension of timeline for
publication of the final rule.
AGENCY:
This document announces the
continuation of, effectiveness of, and the
extension of the timeline for publication
of a final rule. We are issuing this
document in accordance with section
1871(a)(3)(C) of the Social Security Act
(the Act), which allows an interim final
rule to remain in effect after the
expiration of the timeline specified in
section 1871(a)(3)(B) of the Act if the
Secretary publishes a notice of
continuation explaining why we did not
comply with the regular publication
timeline.
SUMMARY:
Effective September 4, 2020, the
Medicare provisions adopted in the
interim final rule published on
September 6, 2016 (81 FR 61538),
continue in effect and the regular
timeline for publication of the final rule
is extended for an additional year, until
September 6, 2021.
FOR FURTHER INFORMATION CONTACT:
Steve Forry (410) 786–1564 or Jaqueline
Cipa (410) 786–3259.
SUPPLEMENTARY INFORMATION: Section
1871(a) of the Social Security Act (the
Act) sets forth certain procedures for
promulgating regulations necessary to
carry out the administration of the
insurance programs under Title XVIII of
the Act. Section 1871(a)(3)(A) of the Act
requires the Secretary, in consultation
with the Director of the Office of
Management and Budget (OMB), to
establish a regular timeline for the
publication of final regulations based on
the previous publication of a proposed
DATES:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
55385
rule or an interim final rule. In
accordance with section 1871(a)(3)(B) of
the Act, such timeline may vary among
different rules, based on the complexity
of the rule, the number and scope of the
comments received, and other relevant
factors. However, the timeline for
publishing the final rule, cannot exceed
3 years from the date of publication of
the proposed or interim final rule,
unless there are exceptional
circumstances. After consultation with
the Director of OMB, the Secretary
published a document, which appeared
in the December 30, 2004 Federal
Register on (69 FR 78442), establishing
a general 3-year timeline for publishing
Medicare final rules after the
publication of a proposed or interim
final rule.
Section 1871(a)(3)(C) of the Act states
that upon expiration of the regular
timeline for the publication of a final
regulation after opportunity for public
comment, a Medicare interim final rule
shall not continue in effect unless the
Secretary publishes a notice of
continuation of the regulation that
includes an explanation of why the
regular timeline was not met. Upon
publication of such notice, the regular
timeline for publication of the final
regulation is treated as having been
extended for 1 additional year.
On September 6, 2016 Federal
Register (81 FR 61538), the Department
of Health and Human Services (HHS)
issued a department-wide interim final
rule titled ‘‘Adjustment of Civil
Monetary Penalties for Inflation’’ that
established new regulations at 45 CFR
part 102 to adjust for inflation the
maximum civil monetary penalty
amounts for the various civil monetary
penalty authorities for all agencies
within the Department. HHS took this
action to comply with the Federal Civil
Penalties Inflation Adjustment Act of
1990 (the Inflation Adjustment Act) (28
U.S.C. 2461 note 2(a)), as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (section 701 of the Bipartisan
Budget Act of 2015, (Pub. L. 114–74),
enacted on November 2, 2015). In
addition, this September 2016 interim
final rule included updates to certain
agency-specific regulations to reflect the
new provisions governing the
adjustment of civil monetary penalties
for inflation in 45 CFR part 102.
One of the purposes of the Inflation
Adjustment Act was to create a
mechanism to allow for regular
inflationary adjustments to federal civil
monetary penalties. Section 2(b)(1) of
the Inflation Adjustment Act. The 2015
amendments removed an inflation
update exclusion that previously
E:\FR\FM\08SER1.SGM
08SER1
jbell on DSKJLSW7X2PROD with RULES
55386
Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Rules and Regulations
applied to the Social Security Act as
well as to the Occupational Safety and
Health Act. The 2015 amendments also
‘‘reset’’ the inflation calculations by
excluding prior inflationary adjustments
under the Inflation Adjustment Act and
requiring agencies to identify, for each
penalty, the year and corresponding
amount(s) for which the maximum
penalty level or range of minimum and
maximum penalties was established
(that is, originally enacted by Congress)
or last adjusted other than pursuant to
the Inflation Adjustment Act. In
accordance with section 4 of the
Inflation Adjustment Act, agencies were
required to: (1) Adjust the level of civil
monetary penalties with an initial
‘‘catch-up’’ adjustment through an
interim final rulemaking (IFR) to take
effect by August 1, 2016; and (2) make
subsequent annual adjustments for
inflation.
In the September 2016 interim final
rule, HHS adopted new regulations at 45
CFR part 102 to govern adjustment of
civil monetary penalties for inflation.
The regulation at 45 CFR 102.1 provides
that part 102 applies to each statutory
provision under the laws administered
by the Department of Health and Human
Services concerning civil monetary
penalties, and that the regulations in
part 102 supersede existing HHS
regulations setting forth civil monetary
penalty amounts. The civil money
penalties and the adjusted penalty
amounts administered by all HHS
agencies are listed in tabular form in 45
CFR 102.3. In addition to codifying the
adjusted penalty amounts identified in
§ 102.3, the HHS-wide interim final rule
included several technical conforming
updates to certain agency-specific
regulations, including various CMS
regulations, to identify their updated
information, and incorporate a crossreference to the location of HHS-wide
regulations.
Because the conforming changes to
the Medicare provisions were part of a
larger, omnibus departmental interim
final rule, we inadvertently missed
setting a target date for the final rule to
make permanent the changes to the
Medicare regulations in accordance
with section 1871(a)(3)(A) of the Act
and the procedures outlined in the
December 2004 document. Therefore, in
the January 2, 2020 Federal Register (85
FR 7), we published a document
continuing the effectiveness of effect
and the regular timeline for publication
of the final rule for an additional year,
until September 6, 2020.
Consistent with section 1871(a)(3)(C)
of the Act, we are publishing this
second notice of continuation extending
the effectiveness of the technical
VerDate Sep<11>2014
15:51 Sep 04, 2020
Jkt 250001
conforming changes to the Medicare
regulations that were implemented
through interim final rule and to allow
time to publish a final rule.
On January 31, 2020, pursuant to
section 319 of the Public Health Service
Act (PHSA), the Secretary determined
that a Public Health Emergency (PHE)
exists for the United States to aid the
nation’s healthcare community in
responding to COVID–19. On March 11,
2020, the World Health Organization
(WHO) publicly declared COVID–19 a
pandemic. On March 13, 2020, the
President declared the COVID–19
pandemic a national emergency. This
declaration, along with the Secretary’s
January 31, 2020 declaration of a PHE,
conferred on the Secretary certain
waiver authorities under section 1135 of
the Act. On March 13, 2020, the
Secretary authorized waivers under
section 1135 of the Act, effective March
1, 2020.1 Effective July 25, 2020, the
Secretary renewed the January 31, 2020
determination that was previously
renewed on April 21, 2020, that a PHE
exists and has existed since January 27,
2020. The unprecedented nature of this
national emergency has placed
enormous responsibilities upon CMS to
respond appropriately, and resources
have had to be re-allocated throughout
the agency in order to be responsive.
Therefore, the Medicare provisions
adopted in interim final regulation
continue in effect and the regular
timeline for publication of the final rule
is extended for an additional year, until
September 6, 2021.
Wilma M. Robinson,
Deputy Executive Secretary to the
Department, Department of Health and
Human Services.
[FR Doc. 2020–19657 Filed 9–4–20; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 543
[Docket No. NHTSA–2020–0081]
Exemption From Vehicle Theft
Prevention Standard; Clarification of
Data Submission Requirement
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
AGENCY:
1 https://www.phe.gov/emergency/news/
healthactions/section1135/Pages/covid1913March20.aspx.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Notification clarifying content
requirement for petitions for exemption
from vehicle theft prevention standard.
ACTION:
NHTSA is issuing this
notification to aid manufacturers in
understanding what type of information
must be submitted when petitioning for
an exemption from NHTSA’s Vehicle
Theft Prevention Standard under agency
rules.
DATES: September 8, 2020.
FOR FURTHER INFORMATION CONTACT: For
programmatic issues: Carlita Ballard,
Office of International Policy, Fuel
Economy, and Consumer Standards. Ms.
Ballard’s phone number is (202) 366–
5222. Her fax number is (202) 493–2990.
For legal issues: Hannah Fish, Office of
the Chief Counsel, (202) 366–2992.
National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION: This
informational notification is to clarify
the type of information that can serve as
a valid basis for granting a request for
exemption from the Federal Motor
Vehicle Theft Prevention Standard
(Theft Prevention Standard). NHTSA is
providing this clarification because it
has received a few petitions in which
the petitioners have sought to support
their request for exemption with data
comparing the theft rate of a particular
vehicle line to the industry median or
average vehicle theft rate for a specific
model year (MY)/calendar year (CY), or
with the 1990/91 median theft rate that
is used to determine whether any new
light duty truck line is likely to be a
high theft line. As discussed below,
NHTSA’s regulations at 49 CFR
543.6(a)(5) require petitioners to submit
information to support their belief that
a line of passenger motor vehicles
equipped with the antitheft device is
likely to have a theft rate equal to or less
than that of passenger motor vehicles of
the same, or a similar, line which have
parts marked in compliance with Part
541. This notification does not impose
any new requirements for manufacturers
seeking exemptions from the partsmarking requirement or otherwise
change Part 541.
Under 49 U.S.C. Chapter 331, the
Secretary of Transportation (and
NHTSA by delegation) is required to
promulgate a theft prevention standard
to provide for the identification of
certain motor vehicles and their major
replacement parts to impede motor
vehicle theft. NHTSA promulgated
regulations at Part 541 (Theft Prevention
Standard) to require parts-marking for
specified passenger motor vehicles and
light trucks. Pursuant to 49 U.S.C.
SUMMARY:
E:\FR\FM\08SER1.SGM
08SER1
]]>Agencies
[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Rules and Regulations]
[Pages 55385-55386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19657]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 402, 403, 411, 412, 422, 423, 460, 483, 488, and 493
[CMS-6076-RCN2]
RIN 0991-AC07
Medicare and Medicaid Programs; Adjustment of Civil Monetary
Penalties for Inflation; Continuation of Effectiveness and Extension of
Timeline for Publication of the Final Rule
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Continuation of effectiveness and extension of timeline for
publication of the final rule.
-----------------------------------------------------------------------
SUMMARY: This document announces the continuation of, effectiveness of,
and the extension of the timeline for publication of a final rule. We
are issuing this document in accordance with section 1871(a)(3)(C) of
the Social Security Act (the Act), which allows an interim final rule
to remain in effect after the expiration of the timeline specified in
section 1871(a)(3)(B) of the Act if the Secretary publishes a notice of
continuation explaining why we did not comply with the regular
publication timeline.
DATES: Effective September 4, 2020, the Medicare provisions adopted in
the interim final rule published on September 6, 2016 (81 FR 61538),
continue in effect and the regular timeline for publication of the
final rule is extended for an additional year, until September 6, 2021.
FOR FURTHER INFORMATION CONTACT: Steve Forry (410) 786-1564 or
Jaqueline Cipa (410) 786-3259.
SUPPLEMENTARY INFORMATION: Section 1871(a) of the Social Security Act
(the Act) sets forth certain procedures for promulgating regulations
necessary to carry out the administration of the insurance programs
under Title XVIII of the Act. Section 1871(a)(3)(A) of the Act requires
the Secretary, in consultation with the Director of the Office of
Management and Budget (OMB), to establish a regular timeline for the
publication of final regulations based on the previous publication of a
proposed rule or an interim final rule. In accordance with section
1871(a)(3)(B) of the Act, such timeline may vary among different rules,
based on the complexity of the rule, the number and scope of the
comments received, and other relevant factors. However, the timeline
for publishing the final rule, cannot exceed 3 years from the date of
publication of the proposed or interim final rule, unless there are
exceptional circumstances. After consultation with the Director of OMB,
the Secretary published a document, which appeared in the December 30,
2004 Federal Register on (69 FR 78442), establishing a general 3-year
timeline for publishing Medicare final rules after the publication of a
proposed or interim final rule.
Section 1871(a)(3)(C) of the Act states that upon expiration of the
regular timeline for the publication of a final regulation after
opportunity for public comment, a Medicare interim final rule shall not
continue in effect unless the Secretary publishes a notice of
continuation of the regulation that includes an explanation of why the
regular timeline was not met. Upon publication of such notice, the
regular timeline for publication of the final regulation is treated as
having been extended for 1 additional year.
On September 6, 2016 Federal Register (81 FR 61538), the Department
of Health and Human Services (HHS) issued a department-wide interim
final rule titled ``Adjustment of Civil Monetary Penalties for
Inflation'' that established new regulations at 45 CFR part 102 to
adjust for inflation the maximum civil monetary penalty amounts for the
various civil monetary penalty authorities for all agencies within the
Department. HHS took this action to comply with the Federal Civil
Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment
Act) (28 U.S.C. 2461 note 2(a)), as amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (section
701 of the Bipartisan Budget Act of 2015, (Pub. L. 114-74), enacted on
November 2, 2015). In addition, this September 2016 interim final rule
included updates to certain agency-specific regulations to reflect the
new provisions governing the adjustment of civil monetary penalties for
inflation in 45 CFR part 102.
One of the purposes of the Inflation Adjustment Act was to create a
mechanism to allow for regular inflationary adjustments to federal
civil monetary penalties. Section 2(b)(1) of the Inflation Adjustment
Act. The 2015 amendments removed an inflation update exclusion that
previously
[[Page 55386]]
applied to the Social Security Act as well as to the Occupational
Safety and Health Act. The 2015 amendments also ``reset'' the inflation
calculations by excluding prior inflationary adjustments under the
Inflation Adjustment Act and requiring agencies to identify, for each
penalty, the year and corresponding amount(s) for which the maximum
penalty level or range of minimum and maximum penalties was established
(that is, originally enacted by Congress) or last adjusted other than
pursuant to the Inflation Adjustment Act. In accordance with section 4
of the Inflation Adjustment Act, agencies were required to: (1) Adjust
the level of civil monetary penalties with an initial ``catch-up''
adjustment through an interim final rulemaking (IFR) to take effect by
August 1, 2016; and (2) make subsequent annual adjustments for
inflation.
In the September 2016 interim final rule, HHS adopted new
regulations at 45 CFR part 102 to govern adjustment of civil monetary
penalties for inflation. The regulation at 45 CFR 102.1 provides that
part 102 applies to each statutory provision under the laws
administered by the Department of Health and Human Services concerning
civil monetary penalties, and that the regulations in part 102
supersede existing HHS regulations setting forth civil monetary penalty
amounts. The civil money penalties and the adjusted penalty amounts
administered by all HHS agencies are listed in tabular form in 45 CFR
102.3. In addition to codifying the adjusted penalty amounts identified
in Sec. 102.3, the HHS-wide interim final rule included several
technical conforming updates to certain agency-specific regulations,
including various CMS regulations, to identify their updated
information, and incorporate a cross-reference to the location of HHS-
wide regulations.
Because the conforming changes to the Medicare provisions were part
of a larger, omnibus departmental interim final rule, we inadvertently
missed setting a target date for the final rule to make permanent the
changes to the Medicare regulations in accordance with section
1871(a)(3)(A) of the Act and the procedures outlined in the December
2004 document. Therefore, in the January 2, 2020 Federal Register (85
FR 7), we published a document continuing the effectiveness of effect
and the regular timeline for publication of the final rule for an
additional year, until September 6, 2020.
Consistent with section 1871(a)(3)(C) of the Act, we are publishing
this second notice of continuation extending the effectiveness of the
technical conforming changes to the Medicare regulations that were
implemented through interim final rule and to allow time to publish a
final rule.
On January 31, 2020, pursuant to section 319 of the Public Health
Service Act (PHSA), the Secretary determined that a Public Health
Emergency (PHE) exists for the United States to aid the nation's
healthcare community in responding to COVID-19. On March 11, 2020, the
World Health Organization (WHO) publicly declared COVID-19 a pandemic.
On March 13, 2020, the President declared the COVID-19 pandemic a
national emergency. This declaration, along with the Secretary's
January 31, 2020 declaration of a PHE, conferred on the Secretary
certain waiver authorities under section 1135 of the Act. On March 13,
2020, the Secretary authorized waivers under section 1135 of the Act,
effective March 1, 2020.\1\ Effective July 25, 2020, the Secretary
renewed the January 31, 2020 determination that was previously renewed
on April 21, 2020, that a PHE exists and has existed since January 27,
2020. The unprecedented nature of this national emergency has placed
enormous responsibilities upon CMS to respond appropriately, and
resources have had to be re-allocated throughout the agency in order to
be responsive. Therefore, the Medicare provisions adopted in interim
final regulation continue in effect and the regular timeline for
publication of the final rule is extended for an additional year, until
September 6, 2021.
---------------------------------------------------------------------------
\1\ https://www.phe.gov/emergency/news/healthactions/section1135/Pages/covid19-13March20.aspx.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2020-19657 Filed 9-4-20; 8:45 am]
BILLING CODE 4120-01-P
